* § 6801-a. Collaborative drug therapy management demonstration\nprogram. 1. As used in this section, the following terms shall have the\nfollowing meanings:\n a. "Board" shall mean the state board of pharmacy as established by\nsection sixty-eight hundred four of this article.\n b. "Clinical services" shall mean the collection and interpretation of\npatient data for the purpose of initiating, modifying and monitoring\ndrug therapy with associated accountability and responsibility for\noutcomes in a direct patient care setting.\n c. "Collaborative drug therapy management" shall mean the performance\nof clinical services by a pharmacist relating to the review, evaluation\nand management of drug therapy to a patient, who is being treated by a\nphysician for a specific disease or associated disease states, in\naccordance with a written agreement or protocol with a voluntarily\nparticipating physician and in accordance with the policies, procedures,\nand protocols of the facility. Such agreement or protocol as entered\ninto by the physician and a pharmacist, may include, and shall be\nlimited to:\n (i) adjusting or managing a drug regimen of a patient, pursuant to a\npatient specific order or protocol made by the patient's physician,\nwhich may include adjusting drug strength, frequency of administration\nor route of administration. Adjusting the drug regimen shall not include\nsubstituting or selecting a different drug which differs from that\ninitially prescribed by the patient's physician unless such substitution\nis expressly authorized in the written order or protocol. The pharmacist\nshall be required to immediately document in the patient record changes\nmade to the patient's drug therapy and shall use any reasonable means or\nmethod established by the facility to notify the patient's other\ntreating physicians with whom he or she does not have a written\nagreement or protocol regarding such changes. The patient's physician\nmay prohibit, by written instruction, any adjustment or change in the\npatient's drug regimen by the pharmacist;\n (ii) evaluating and, only if specifically authorized by the protocol\nand only to the extent necessary to discharge the responsibilities set\nforth in this section, ordering disease state laboratory tests related\nto the drug therapy management for the specific disease or disease state\nspecified within the written agreement or protocol; and\n (iii) only if specifically authorized by the written agreement or\nprotocol and only to the extent necessary to discharge the\nresponsibilities set forth in this section, ordering or performing\nroutine patient monitoring functions as may be necessary in the drug\ntherapy management, including the collecting and reviewing of patient\nhistories, and ordering or checking patient vital signs, including\npulse, temperature, blood pressure and respiration.\n d. "Facility" shall mean: (i) a teaching hospital or general hospital,\nincluding any diagnostic center, treatment center, or hospital-based\noutpatient department as defined in section twenty-eight hundred one of\nthe public health law; or (ii) a nursing home with an on-site pharmacy\nstaffed by a licensed pharmacist; provided, however, for the purposes of\nthis section the term "facility" shall not include dental clinics,\ndental dispensaries, residential health care facilities and\nrehabilitation centers.\n For the purposes of this section, a "teaching hospital" shall mean a\nhospital licensed pursuant to article twenty-eight of the public health\nlaw that is eligible to receive direct or indirect graduate medical\neducation payments pursuant to article twenty-eight of the public health\nlaw.\n e. "Physician" shall mean the physician selected by or assigned to a\npatient, who has primary responsibility for the treatment and care of\nthe patient for the disease and associated disease states that are the\nsubject of the collaborative drug therapy management.\n f. "Written agreement or proto
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